UPON YOUR PURCHASE OF AN ARTWORK ON THIS WEBSITE, YOU WILL BE GRANTED AN UNLIMITED, WORLDWIDE LICENSE TO USE, COPY, AND DISPLAY THE ARTWORK YOU PURCHASED FOR THE PURPOSE OF CREATING DERIVATIVE WORKS BASED UPON SUCH ARTWORK ( “ COMMERCIAL USE ” ) AND YOU WILL BE ENTITLED . . .
( i ) To own or operate a marketplace that permits the use and sale of zct generally, provided that the marketplace cryptographically verifies each zct owner’s rights to display the artwork for their zct to ensure that only the actual owner can display the artwork.
( ii ) To own or operate a third party website or application that permits the inclusion, involvement, or participation of zct generally, provided that the third party website or application cryptographically verifies each zct owner’s rights to display the artwork for their zct to ensure that only the actual owner can display the artwork, and provided that the artwork is no longer visible once the owner of the purchased zct leaves the website or application.
( iii ) To earn revenue from any of the foregoing (however, this website does not guarantee any revenue from any of the foregoing), provided that you comply with the terms and laws in your jurisdiction at all times.
USER ACKNOWLEDGMENT AND ACCEPTANCE
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Zombielab provides the service ("Service") which offers you ("User") the opportunity to purchase ZombieClub token ("ZCT") on this ZombieClub website ("Website") in accordance with these ZCT minting website terms and conditions of use ("Terms").
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When you purchase ZCTs displayed on the website through various cryptocurrency electronic wallets ("E-wallets"), you also agree to abide by the e-wallets' terms and conditions of use, privacy policy and related regulations when you match transactions through the website.
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For your rights protection, please read the provisions of these terms thoroughly and keep yourself informed of any changes or modifications to these terms. Zombielab reserves the right to change or modify the terms at any time. We recommend that you check these terms frequently for the most updated terms.
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When you use the service, you may be subjected to Zombielab's separately announced terms of service or related regulations or disclaimers depending on the nature of each specific service, and such separately announced terms of service or related regulations or disclaimers shall be part of these terms.
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When you use the service, you represent that you accept and will comply with all these terms.
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If you are under 20 years of age or without capacity, in addition to abiding by the above provisions, please have your legal guardian read, understand, and agree to these terms and all subsequent modifications or changes before using or continuing to use the service, otherwise please stop using the service immediately. By using or continuing to use the service, you represent that you have caused your legal guardian to read, understand and agree to accept these terms and any subsequent modifications or changes thereto.
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You understand and agree that Zombielab has the right to suspend or terminate your use of all or part of the service without notice if you violate any of the provisions of these terms.
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Protection of intellectual property rights and copyright notice
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Unless otherwise provided in these terms, the software, interface, programs, and contents on this website, including but not limited to news, columns, writings, text, pictures, images, music, dance, scripts, signatures, names, stage names, song titles, files, information, data, program structure, interface arrangement, interface design, etc., are owned by Zombielab or other rights holders in accordance with the laws. The aforementioned intellectual property rights include but are not limited to trademarks, patents, copyrights, trade secrets and proprietary technology, etc., and may not be used, modified, reproduced, publicly broadcast, altered, distributed, rented, distributed, publicly transmitted, publicly published, restored, decompiled or reverse-compiled by anyone without prior consent. It is your obligation to respect the intellectual property rights, and you shall be liable for any breach thereof and all damages incurred by Zombielab or the other rights holders of the intellectual property rights.
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ZCT is an encrypted digital asset that recognizes artworks ("Artwork(s)") created by Zombielab's partner artists ("Artist(s)"). Upon your purchase of a ZCT on this website, you will be granted rights to commercial use as provided in the terms of commercial use on this website.
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Except as expressly permitted in these terms, you may download the content on this website only for your personal, non-commercial fair use.
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You understand and accept that you are prohibited from any of the following activities.
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To trademark or apply to trademark the artwork, or otherwise acquire intellectual property rights therein.
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Use the artwork or ZCT in connection with images of hatred, violence, other inappropriate behavior, or illegal activities.
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Upon Zombielab marketing and promoting the service, the names and designs of the goods and services related to the service (the "Service marks") are protected by the trademark act and fair trade act of applicable jurisdictions according to their registered status or registered use. You may not use the service marks in any way without the prior written consent of Zombielab.
USER CONDUCTS
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The legal responsibility of all information, data, text, software, music, audio, photos, graphics, video, or other materials posted publicly or transmitted privately by Zombielab's users ("User content") shall be borne by the provider of the user content. Zombielab shall not be liable for any warranty or indemnity of the user content.
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Under no circumstances shall Zombielab be responsible for any user content, including but not limited to any errors, omissions and all losses or damages arising from posting, transmitting, or sending emails by Zombielab.
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Zombielab may, to the extent reasonable, preserve or disclose the conducts of the user's use of the website based on the following circumstances.
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In accordance with the provisions of the laws.
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For the purpose of enforcing the terms.
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Upon a third party’s request to prevent or remove any infringement or damage with relevant evidence.
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Other circumstances to protect the life, body, and property of ZombieLab, its users, and the general public.
USER'S REPRESENTATIONS AND WARRANTIES
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In order to use the service, you represent and warrant the following.
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The information you provide to Zombielab through the website is accurate, up-to-date, and complete. You agree to always maintain and update your personal information to the website.
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Any and all representations you made to Zombielab through the website by means of electronic documents are sound, valid, and enforceable.
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If you are a user outside the jurisdiction of the Cayman islands, you shall comply with the laws of your country or region and shall not use the service for any unlawful purpose or in any unlawful manner, nor shall you use the service to infringe the rights of others or to commit any illegal or improper acts, otherwise Zombielab has the right to terminate your use of the service immediately.
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If you breach any of the representations and warranties in this section and cause damages to ZombieLab, you agree to indemnify Zombielab for all damages (including but not limited to the court costs and attorneys' fees).
THIRD PARTY PROGRAM/ LINKS
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ZombieLab, the e-wallet service provider, or any third party may provide links to other programs or internet resources, which may lead you to programs or websites operated by other parties which Zombielab has no relationship with. The trademark and other rights in such programs or websites remain with the respective rights holders and Zombielab does not authorize you to make use of such rights.
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The programs or websites operated by other parties are the sole responsibility of those parties and are beyond the control or responsibility of Zombielab. Zombielab does not warrant the accuracy, timeliness, validity, legality, security, or completeness of the content of such programs or websites.
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You understand and agree that ZombieLab shall not be liable for any damages arising from your linking to other programs or websites, and that Zombielab may at any time cooperate with the artists, other companies, vendors and other third parties ("Content providers") to provide content for publication by Zombielab, and that Zombielab will identify the content providers at the time of publication. To respect the intellectual property rights of the content providers, Zombielab does not review or modify the content provided by them, nor does Zombielab bear any responsibility for such content.
COOKIES
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Zombielab will set and use cookies on the computer, cell phone or other mobile devices you use to browse the website.
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Zombielab allows vendors who place advertisements or activities on the website to set and access cookies on your computer, cell phone, or other mobile devices, subject to the privacy policy of each vendor.
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The cookies are used for tracking your activities on the website for Zombielab to conduct various analyses and data collection to provide you with more convenient and complete services.
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If you do not wish to accept cookies set by Zombielab, you may block the cookies through your web browser. However, this may limit your access to the service.
YOUR AUTHORIZATION
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You understand and warrant that the materials uploaded, transmitted, input or provided to us are created or legally authorized by you, and that once uploaded, transmitted, input or provided to us, we have the right to use, modify, reproduce, publicly broadcast, adapt, distribute, rent, publicly transmit, publicly publish or otherwise exploit them worldwide without compensation and in perpetuity, and may sublicense the foregoing rights to others in consideration for your use of our services.
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You understand and warrant that Zombielab’s use, modification, reproduction, public broadcast, alteration, distribution, rental, public transmission, public release, or other use of the information specified in section 9.1 will not infringe the intellectual property rights of any third party. Otherwise, you shall be liable for all damages incurred by Zombielab (including, but not limited to, the litigation costs and attorneys' fees).
DENIAL OR TERMINATION OF YOUR USE
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ZombieLab will suspend or discontinue all or part of this service if any of the following circumstances apply, and ZombieLab shall not be liable for any direct or indirect damages suffered by you as a result.
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The relocation, replacement, upgrade, maintenance or repair of ZombieLab's related software and hardware equipment.
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Your violation of any governmental regulations or these terms.
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Any suspension or interruption of the service due to natural disasters or other force majeure events.
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If the service is stopped or interrupted for any reason not attributable to ZombieLab.
PROTECTION OF CHILDREN AND YOUTH
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To ensure the safety of children and adolescents using the service and to prevent the violation of their privacy rights, legal guardians should fulfill the following obligations.
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Please choose carefully which websites and/or programs are suitable for children and adolescents. For children under the age of 12, the legal guardians should accompany them throughout their visit to the service; for adolescents over the age of 12 and under the age of 20, the legal guardians shall consider if their use of the service is proper before approving such use.
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Please inform children and adolescents not to contact strangers on this website, nor to accept gifts from them or to meet them alone.
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Please inform children and adolescents that the images, music, videos or text files shared on this website are protected by the copyright laws; therefore, they shall respect the copyrights and shall not download or reproduce any type of files by illegal means.
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Please inform children and adolescents that they should pay attention to the content, amount and payment method of any transaction on this website, and they should inform their legal guardians to obtain their approval before any transaction.
SERVICE SYSTEM INTERRUPTION OR FAILURE
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The system of the website may be interrupted or malfunctioned, which may cause inconvenience, loss of data, errors, tampering or other property or non-property damages to you. Zombielab shall not be liable for any damages arising out of your use of or inability to use the service unless such damages arose out of the intentional or gross negligence on the part of ZombieLab.
SELF-PROTECTION
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After you finish browsing the website, please log out and close the browser window to ensure the security of your personal information.
SOFTWARE OR DATA DOWNLOADS
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Before using the service or downloading any software or information on this website or on other programs linked through this website, you should carefully consider and select the relevant software or information. Zombielab shall not be responsible for the legality, accuracy, completeness, validity, and infringement of the rights of others of such software or information.
ADVERTISEMENT
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The content of the advertisements, product pictures, or other information posted on this website are published by Zombielab on behalf of the respective suppliers or advertisers. Zombielab engages in neither substantive review nor modification of the content provided by the suppliers and advertisers. Zombielab is not responsible for the accuracy and credibility of the foregoing contents. You should make your own discretion and judgment regarding the accuracy and credibility of the advertisements.
DISCLAIMER
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You expressly understand and agree to the following provisions.
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The service may be interrupted or malfunctioned, or may cause inconvenience, loss of data, errors, tampering, or other financial losses to you. You are advised to implement precaution measures when using the service. ZombieLab shall not be liable for any damages arising out of your use of or inability to use the service, except in cases of Zombielab’s intentional infringement or gross negligence.
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You may not claim to Zombielab that any data, goods, services, or other information purchased/obtained through the website does not meet the requirements, expectations, or have defects.
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Due to the nature of the internet transmission, we cannot guarantee the accuracy and timeliness of all transactions conducted through the website, nor do we guarantee that the service will be available, uninterrupted, safe and secure at all times.
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No information nor advice you obtained from or through the website, whether obtained in writing or orally, shall constitute a warranty by Zombielab.
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You shall be responsible for any damages and losses arising from any breach of these terms and Zombielab shall not be liable for any damages or compensation for losses.
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You shall be liable for all damages (including but not limited to, the litigation costs and attorneys' fees) incurred by Zombielab or the website from your illegal use of this website or service or breach of these terms.
NOTICE
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ZombieLab may notify you of changes to these terms and other matters required to be notified under the relevant laws of the Cayman islands by Email, regular mail, SMS, multimedia SMS, text message, posting on the website, or by other reasonable means, provided that you may not receive such notice if you access the service in an unauthorized manner in violation of these terms.
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By using the services in the manner authorized by Zombielab, you agree that any notice sent to you by Zombielab shall be deemed to have been served.
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Effect, governing law and jurisdiction of these terms
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These terms constitute a valid contract between you and Zombielab, and the invalidity of any part of these terms shall not affect the validity of any other provisions thereof.
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The interpretation and application of these terms, any dispute regarding these terms, or any legal proceedings arising out of these terms shall be governed by the relevant laws of the Cayman islands and the Cayman islands courts shall be the court of first instance. In the event that the relevant laws of your location conflict with the provisions of the above law, such provisions shall not be effective hereunder.
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If these terms are not exhaustive, both parties shall work together in good faith and on the principle of equality and reciprocity to resolve any disputes arose out of or in connection with these terms or the services.
CHANGE OF SERVICE
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Zombielab reserves the right to modify, suspend, or permanently discontinue the services at any time without notice. You understand and agree that Zombielab shall not be liable for any such changes.
OTHER PROVISIONS
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The headings in these terms are for reference only and do not affect the interpretation of the terms.